Extradition update

30 September 2020

This month, Jonathan Swain successfully resisted extradition in two cases on human rights grounds.

In the first, the extradition of a UK national had been sought to serve a sentence of four months’ custody for bringing a small quantity of cocaine into Sweden in 2017. The arguments raised on his behalf included that extradition would amount to a disproportionate interference with his rights to a private and family life under Article 8 ECHR. The High Court found that that the decision of the District Judge ordering his extradition contained errors and that the conclusion was wrong. Considering the impact on the person’s family including his partner and ill father, the Court ordered that he should be discharged from the warrant. Jonathan was instructed by Chris Stevens of SMW.

In the second case, extradition was sought to Romania to serve a sentence of 3 years’ custody for failing to provide a specimen after being stopped driving when suspected to be over the alcohol limit. The Romanian authorities had failed to provide a prison assurance by the date of the hearing, despite the issue properly being identified. The application to adjourn the proceedings was opposed on behalf of the requested person. District Judge Ezzat refused to allow the judicial authority further time to rectify their failure and discharged the requested person on the grounds that his extradition would mean a real risk of inhuman or degrading treatment in prison. The Romanian authorities did not appeal. Jonathan was instructed by Ruta Mikailaite of McMillan Williams.

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